The court properly denied defendant's mistrial motion, made after a prosecution witness identified defendant in court despite the prosecutor's alleged representation, at a Wade hearing, that this witness would not be making an identification. Although the prosecutor's statement was somewhat ambiguous, it is clear that this witness never made a "previous identification" within the meaning of CPL 710.20 (6) and 710.30 (1) (b). Therefore, this witness's in-court identification...
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